Alberta Law Reform Institute Update: Final Report on Property Division

On June 27th 2018, the Alberta Law Reform Institute (ALRI) released Final Report 112, Property Division: Common-law Couples and Adult Interdependent Partners. Before the release of the final report, ALRI engaged in an “intensive” consultative process, which involved: conducting public opinion research on common law relationships and expectations for property division; roundtable discussions with family law lawyers and estates practitioners; publishing two Reports for Discussion—Property Division for Common Law Couples and Adult Interdependent Partners and Read more

BC Supreme Court varies CRT order in long-running dispute over maintenance for a strata duplex

McKnight v Bourque, 2018 BCSC 1342, was an appeal from a decision of the Civil Resolution Tribunal in “a strata dispute involving the owners of a waterfront duplex in Sooke.” The BC Supreme Court’s decision was the latest chapter in a long-running dispute over maintenance involving decisions of the court and the tribunal (see previous summaries here, here, and here). This case asked the court to rule on the following issues, which were “appropriately stated as Read more

Federal government appeals decision striking down limits on charities’ political activities, promises new legislation in the fall

In a decision handed down last month, Canada Without Poverty v Canada (AG), 2018 ONSC 4147, the Ontario Superior Court of Justice struck provisions of the Income Tax Act which “define the extent to which a registered charity may devote its resources to ‘political activities.’ ”Specifically, the court held that limits on charities’ political activities were unenforceable, while those pertaining to partisan activity remained in force: The interpretation and enforcement by CRA of the “substantially all” requirement in Read more

Strata corporation’s bylaws, lien against strata lot set aside due to failure to give notice of meetings and to accept proxy appointment

The Owners, Strata Plan NW499 v Kirk, 2018 BCSC 1249, is the latest chapter in a long-running dispute between a White Rock strata corporation and one of its residents, the beneficial owner of a strata lot. In a decision issued late in 2016, the BC Court of Appeal allowed the owner’s appeal on the issue of whether the owner would be entitled to relief under section 163 of the Strata Property Act. This latest decision considered Read more

Highlights from the Spring 2018 Legislative Session

On May 31st, 2018, the 41st Parliament of the British Columbia Legislature completed its 3rd Session. The Legislative Assembly passed 33 bills. This blog presents a summary of the laws that were enacted. The full list of bills passed by the Legislative Assembly during the most recent session includes the following (for a summary of each bill, please see below): the Budget Measures Implementation Act, 2018; the Tla’amin Final Agreement Amendment Act, 2018; the British Read more